Ord 2014-070/Approving a petition submitted by Metcalfe, Wolfe, Stuart & Williams, LLP on behalf of Walton Texas, LP granting the consent of the City of San Marcos, Texas, to the creation of Cotton Center Municipal Utility District No. 1

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f. "Commission" means the Texas Commission on Environmental Quality or its successor state agency. g. "Development Agreement" means the development agreement to be entered into concerning the District as amended from time to time by the Parties. h. "District" means the Cotton Center Municipal Utility District No. I to be created as a special district through special act of the Texas Legislature and as a political subdivision of the State of Texas pursuant to Article III Section 52 and Article XVI, Section 59 of the Texas Constitution and authorized under Chapters 49 and 54 of the Texas Water Code with the authority to construct, operate, manage and maintain water and wastewater systems, drainage and water quality systems, roadways, parks and related facilities, and authorized to levy an ad valorem tax and issue bonds. "Effective Date" means the date of approval by the City of San Marcos City Council. "Individual Owners" means, collectively, all persons, entities, and trusts (other than Walton Texas, LP, Walton Silver Crossing, Walton Austin, Walton Martindale and Walton Martindale 2) that own an interest in the Property, including an undivided, tenant - in- common interest, and that have granted to Walton Texas, LP, full power and authority to operate, administer and act for and on their behalf with respect to their interests in the Property. k. "Land" means the approximately 2,358 acres of land located in the City's extraterritorial jurisdiction, described by metes and bounds on Exhibit "A ". 1. "Owner" means the Primary Owner, Walton Silver Crossing, Walton Austin, Walton Martindale, Walton Martindale 2, the Individual Owners or any subsequent owner of Property that is a successor or assignee of rights from Owner in accordance with Section 7.02 of this Agreement. m. "owner ", when spelled with lower case, means Primary Owner, the Individual Owners and any future owners of any portion of the Property. n. "Primary Owner" means initially, Walton Texas, LP, and any entity to which Walton Texas, LP, may assign its rights and obligations as Primary Owner in accordance with Section 7.02 of this Agreement. It is hereby acknowledged that the Primary Owner owns various portions of the Property in common with or as a inanager for the Individual Owners and various Tenants in Common agreements and OCRs and has the right and authority to act on behalf of the Individual Owners. o. "Propert y" means the Land. p. "Sub- District" means a municipal utility district created through the sub - division of the District pursuant to the District's Enabling Act and vested with the same authority as the District and with total land and boundaries established in accordance with Section 2.02. ARTICLE II DISTRICT